Matter of Evra, 25 I. & N. Dec. 79 (BIA Sept. 21, 2009) (the conduct underlying an aliens arrest and incarceration does not constitute "fault" within the meaning of section 240(b)(5)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C. 1229a(b)(5)(C)(ii) (2006), which provides that an order of removal issued at a hearing conducted in absentia may be rescinded if the alien was in Federal or State custody at the time of the scheduled hearing and the failure to appear was "through no fault of the alien.").
http://www.usdoj.gov/eoir/vll/intdec/vol25/3654.pdf